Ordered that the amended judgment is affirmed.
The defendant claims that he was deprived of a fair trial because of prosecutorial misconduct upon summation and the manner in which the court charged the jury regarding the defendant's failure to testify. However, since the defendant failed to raise any objection to the summation or charge at trial, any error of law with respect thereto was not preserved for appellate review as a matter of law (see, People v Battles, 141 A.D.2d 748; People v Balls, 69 N.Y.2d 641; CPL 470.05). Nor does the interest of justice compel a reversal. The record reveals that the prosecutor's alleged improper statements were fair comment in response to the defense counsel's attack on the complainant's credibility. Furthermore, the court's charge regarding the defendant's failure to testify was consistent with the intent of CPL 300.10 (2), did not change the meaning of the statute (see, People v Lawton, 144 A.D.2d 584; People v Gonzalez, 72 A.D.2d 508) and was not so extensive as to prejudicially draw the jury's attention to the issue (see, People v Brown, 150 A.D.2d 472; People v Davidson, 150 A.D.2d 717). Thompson, J.P., Lawrence, Eiber and Balletta, JJ., concur.